News

October 12, 2010

Trespass: Chukwudi, ex-minister’s suit adjourned


By Innocent Anaba

ENUGU—An Enugu State High Court has adjourned till October 18, 2010, for further hearing in the suit by Bomboy Chukwudi, who is challenging the alleged trespass on his plot of land in Old GRA, Enugu, by former Minister for Science and Technology under late General Sani Abacha’s regime, Brig General Sam Momah.

The matter is now before Justice R. Odugu, who is the fourth judge to handle the matter. The applicant is still being cross-examined.

Other defendants in the suit are Crystal Palace Hotels Ltd and Enugu State Attorney General, who was joined in the suit by the court on March 2009.

The said plot of land, X12 Old GRA Enugu, was allocated to the plaintiff in 1994, by virtue of letter of allocation from Director General of Lands, with reference Nos. LEN17811/13 of August 10, 1994 and Certificate of Occupancy, (CofO) registered as No. 54 at page 54, volume 1399 in the Land Registry Office Enugu.

But after fencing the land in preparation to commence work on the said land, the defendants trespassed on the land, claiming that same land was allocated to them.

The court is, however, to determine the legality of the alleged re-allocation of the land, without first revoking same.

Enugu State Attorney General had prayed the court to strike-out the name of the Commissioner for Land and Survey, arguing that it was not a juristic person, a prayer that was granted by the court, while the Attorney General asked to be joined as a party, which was also granted by the court.

Meanwhile, the court had adjourned the matter, for the State Attorney General to front-load all the documents in the matter.